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jecalderon

THD/CBNA repost new thread after 6 years SOL erased?

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Ok.. I felt into the abyss about 7 years ago. I choose not to file BK but to wait the paint of 7 years. I got a copy of my report yesterday to find out that THD/CBNA posted the debt few month ago. There is no date of the Charge off. A similar thing happen with a mortgage account. They closed the account about 7 years ago and then reporting the Foreclosure dated last year.

 

How may I fight this off? IT is not fair that I waited so many years to find this creditor finding loops in the system.

 

Look for your help

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I would start by doing the basics - send a validation letter and state the correct dates, tell them to cease reporting, the debt is beyond the SOL and the 7 year reporting limit. Once you know they have received your letter, dispute the debt with the CRA's as beyond the 7 year reporting limit. Keep records of everything you send, and any responses, and make sure you have old reports or statements to prove the actual dates, just in case you have to sue them.

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Are you using actual paper credit reports or those from a monitoring service?

 

Are you sure you're not looking at the DOLA for the Home Depot card?

 

Your reports should (need to) have a DOFD.

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Any loans or credit cards are constrained by the DoFD (date of first delinquency - the first time you failed to make a payment - and never brought the account current again). That covers both loans and credit cards.

 

However - a foreclosure is a public record, and it has different reporting rules. Plus, it's not uncommon for lenders to sit on upside down properties for sometimes years while they wait for the market to come up. During this time, they'll leave the title in the borrower's name, for various tax, HOA and accounting reasons.

 

During the housing crash, DGF turned over the keys to her lender and walked away from the property -- but the lender didn't foreclose for two years, even though the property was sitting empty and unpaid.

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